Title 18 U.S.C. § 35 - Conveying False Information
Providing or spreading false information can lead to federal prosecution in certain situations, with severe penalties upon conviction. Essentially, this law typically addresses hoaxes, like bomb threats.
18 U.S. Code 35 defines this offense as anyone who intentionally and maliciously, or with reckless disregard for human safety, provides, transmits, or causes false information to be conveyed, knowing that the information is false, regarding an attempt or alleged attempt.
When falsehoods involve the federal government, the repercussions can be significant, including criminal charges and penalties. If you face charges of providing false information, you likely have many questions about your legal rights and options.
If convicted, you could face hefty fines and up to five years in federal prison. Federal law matters can be complicated, but this is a helpful starting point to understand what you might be up against. Our federal criminal defense attorneys will examine the relevant laws in detail below.
False Information and Hoaxes
Several sections of the U.S. Code address "false information." Overall, the government encourages honesty from those it interacts with. For instance, 18 U.S. Code § 35 criminalizes providing false information in cases related to aircraft or motor vehicles.
Generally, "conveying false information" mainly relates to "hoaxes." Examples can include:
- Bomb threats,
- False reports of homicides or other criminal acts,
- Fake fire alarms,
- Terroristic threats.
This offense falls under 18 U.S. Code § 1038, which explicitly bans "any conduct with intent to convey false or misleading information" regarding activities that have occurred, are occurring, or will occur.
Why Is This a Federal Crime?
There are multiple reasons. First, hoaxes divert public resources and waste them. For example, when emergency services respond to a school bomb threat, it costs taxpayers money, whether the threat is real or not.
Additionally, these emergency teams are unavailable for real emergencies while responding to false alarms.
If convicted under 18 U.S. Code § 1038, you may face a fine and up to five years of imprisonment. Additionally, you could be subject to civil liability and held responsible for any expenses incurred by parties involved in emergency or investigative responses.
Essentially, you will be required to reimburse the costs associated with your actions. Hoaxes can have even more serious consequences. False accusations can destroy lives, and in certain cases, people have lost their lives because emergency responders reacted to what they believed was a genuine threat.
What are Other Types of False Statements?
Lying can also lead to issues with federal authorities in various ways. Chapter 47 of Title 18 addresses "Fraud and False Statements" and includes a variety of related activities, such as:
- 18 U.S. Code § 1005 - bank entries, reports, and transactions
- 18 U.S. Code § 1011 - federal land bank mortgage transactions
- 18 U.S. Code § 1012 - department of urban housing transactions
- 18 U.S. Code § 1015 - lying to immigration officials
- 18 U.S. Code § 1017 - government seals wrongfully used
- 18 U.S. Code § 1027 - concealing income for retirement benefits
- 18 U.S. Code § 1028 - fraud-related activity with identification
- 18 U.S. Code § 1029 - fraud-related activity with access devices
- 18 U.S. Code § 1030 - fraud activity related to computers
- 18 U.S. Code § 1031 - major fraud committed against the United States
- 18 U.S. Code § 1032 - concealing assets from conservator
- 18 U.S. Code § 1035 - false statements on health care matters
- 18 U.S. Code § 1040 - fraudulently obtaining emergency funds in the wake of a natural disaster
What Penalties May Apply if You Are Convicted?
Penalties for transmitting false information generally include up to 5 years' imprisonment or a fine, but the specific consequences depend on the details of the offense. Legal guidance can help you understand and potentially mitigate these risks.
If false information results in serious bodily injury, the maximum sentence increases to 20 years, and if it causes death, life in prison is possible. Knowing your defenses can be crucial in such serious cases.
The law imposes additional penalties beyond imprisonment and fines. Offenders may also be ordered to repay the government for any services rendered as a result of the false information. Moreover, the law explicitly permits civil lawsuits to be filed against those guilty.
What are the Potential Defenses?
Certainly, being accused of conveying false information doesn't necessarily mean you're guilty. A qualified attorney can employ various legitimate defenses to help prevent a conviction.
A key safeguard in such situations is the First Amendment, which safeguards your right to free speech. However, this right is not absolute, and speech that harms others is not protected. Nonetheless, it may be possible to argue that the information you provided to authorities was not criminal.
Prosecutors must prove you intentionally provided false information. You could argue that you believed the information was true or acted in good faith, which can be a key defense in such cases.
Ultimately, it's crucial to be honest with the US government. Even seemingly harmless lies can have serious consequences for everyone. However, you have rights, and if you believe you acted in good faith, you should not just accept a charge.
If you are under investigation or have been indicted for a federal crime involving false statements or fraud, it is advisable to consult experienced legal counsel. Cron, Israels & Stark is located in Los Angeles County.
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